Lawyers’ Professional Risk Problem Research Of China

Based on the legal right to defense the defence, with charges opposite a basic lawsuit function, no complaint no defense, particularly in the criminal procedure, criminal suspects, defendants and to defend against their charges Authority charges, according to the facts and law, is conducive to the accused’s reason and evidence, use in order to prove the innocence of the accused, or shall be given a lighter, reduced and exempted from criminal punishment, in order to safeguard the legitimate rights and interests of the accused’s activities. China’s" constitution" and" Criminal Procedure Law" will be" the defendant has the right to defense" as an important principle in criminal action for confirmation. Established the national defense system the core value is to maintain the defense right of the accused, restrict power with the right, to safeguard the rights of rights. Because the criminal suspects and defendants, everyone was restricted and legal knowledge is limited, so they need to seek counsel’s help, and in the legal counsel, law is the most important, but also the ability to safeguard the legitimate rights and interests of criminal suspect, defendant subject.Modern country rule of law civilization development process shows that, the lawyer system is set up and the development of democracy, rule of law gradually becomes the important sign of civilization, in the national legal system plays a very important role. In1979the lawyer system self recovery and development for more than30years, this industry has been expanded gradually, not only from the rapidly increasing number of lawyers and law firms, the amount also is increasing ceaselessly, dimensions expands ceaselessly. Criminal defense work also obtains the rapid development, in the promotion of China’s socialist democratic and legal construction, maintenance of the suspect, accused person’s legitimate rights and interests has played a positive role, but there are still many shortcomings, such as criminal defense lawyer of various risks, the practice of security has been in the awkward situation, must from theoretic try to discuss, raise, from the practice of summing up, perfect. Countries which have made many effort, but the effect is not obvious, palliative.Modification of criminal procedure law in1996","2008" new law" and the eleven session of the National People’s Congress Standing Committee twenty-second meeting the initial consideration of criminal law amendment (Draft)" to solicit public opinion and so on a series of initiatives are embodied in a constant state of improving criminal defense system, but the defense system in China is still there are some defects in legislation and practice difficulties. Chinese criminal legislation defects, defense system is not perfect, judicial practice lawyer caught phenomenon it is often seen." Criminal law"306th rules as part of the public security and judicial personnel arbitrarily open the floodgates wide to pursue lawyer’s perjury liability for the breach of privilege, foreshadowing. The new" law" on the role of lawyers give accurate positioning, but the judicial body and the society still exists misunderstanding, crowding; substantive law and the procedural law is not perfect wait for a reason to cause our country lawyers risks. Legal counsel to the defense rights exist in name only, because operation risks, makes a lot of defense lawyers did not want to get involved in criminal cases, criminal cases, lawyers involved in the defence of lower rates.Lawyers are the bottlenecks that hinder its development, lawyer’s operation risk is more and more big, the legitimate rights and interests are often infringed, lead to criminal defense lawyers participation in criminal cases and the number of the decrease in the number of. Lawyers rights and interests cannot be ensured due to Chinese criminal law development, more is not conducive to the protection of the suspect, accused person’s legitimate rights and interests. In view of this, to our lawyers environment and situation analysis, find out at present our country defense function is changed infirmly relatively crux problem and the imminent. While addressing the protection of the rights of lawyers, to reduce the risks is not only perfect a purpose can be achieved, is a systems engineering, needs more unremittingly efforts. This paper from the following aspects are discussed:The first section:analysis of the establishment of China’s defense system from the concept and legal provisions and practice of lawyers role analysis.The second part:introduces the two major legal systems of the national law system construction and the lawyers face practising risks and how to protect. The third part:from the Li Zhuang case and the related case of our lawyers faced the risk types and causes analysis.The fourth part:on the analysis of China’s defense lawyers professional risk causes foundation, proposed the improvement measure to improve the lawyer’s rights protection, reducing the risks in their practice.